IFB 70Z08226BCEUM0001_31July26.pdf

Prescribed by GSA - FAR (48 CFR) 53.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NUMBER

70Z08226BCEUM0001

2. TYPE OF SOLICITATION

☒ SEALED BID (IFB)

INVITATION FOR BID

☐ NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED

07/2/2026

PAGE OF PAGES

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

51281PR260000050

6. PROJECT NUMBER

13832866

7. ISSUED BY CODE 8. ADDRESS OFFER TO

CONTRACTING OFFICER

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

9. FOR

INFORMATION CALL:

a. NAME

Gregory Hodgson, Contracting Officer

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

(571) 610-0719

SOLICITATION

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

SET ASIDE: This solicitation is issued as a 100% Total Small Business Set-aside, pursuant to FAR Parts 5, 14, & 19.

SUMMARY OF WORK: The Contractor shall furnish all labor, tools, equipment, materials, and supervision necessary for the demolition/removal and new construction of the aid-to-navigation (ATON) structure; the Bahia de Guayanilla Entrance Range Rear Light (RRL), Light List Number (LLNR) 32075 at Bahia de Guayanilla, Puerto Rico. All work shall be performed in strict accordance with the Contract Specifications (13832866), Contract Drawings (M13832866) and the Solicitation and resultant Contract.

LOCATION: U.S. Coast Guard ANT Puerto Rico

CG ANT PUERTO RICO

5 CALLE LA PUNTILLA

SAN JUAN, PR 00901-0000, USA

Bids are due on August 3, 2026 at 2:30 PM EST and must include the attached bid pricing form. Bids received after the due date may be deemed late and may not be considered for award. Bids will be accepted via email to Odalys McGee Contracting Officer at Odalys.McGee@uscg.mil, and must copy Gregory Hodgson, Contracting Officer at Gregory.Hodgson@uscg.mil. Bids submitted via any other means will not be evaluated for this procurement. The sender is responsible for confirmation of receipt. Bids must be received by the date and time specified above (unless changed via Amendment). The USCG is not obligated to review or accept submissions after the deadline.

NOTICE: Funds are not presently available for this project. See clause 52.232-18 “Availability of Funds”. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

11. The contractor shall begin performance within 10 calendar days and complete it within 180 calendar days after receiving

☐award ☒notice to proceed. This performance period is ☒mandatory ☐negotiable. (See Section F).

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS? (If "YES", indicate within how many calendar days after award in Item 12b.)

☒YES ☐NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

12b. CALENDAR DAYS

a. Bids shall be received via electronic commerce method to email address Gregory.Hodgson@uscg.mil on August 3, 2026.

b. An offer guarantee ☒is, ☐ is not required.

Offer guarantee should be transmitted to Contracting Officer Gregory Hodgson at Gregory.Hodgson@uscg.mil.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

STANDARD FORM 1442 (REV. 12/2022)

STANDARD FORM 1442 (REV. 12/2022) BACK

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

UEI #: _________________

TIN #: _________________

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

BLOCK 27

26. ADMINISTERED BY

USCG CIVIL ENGINEERING UNIT MIAMI

15608 SW 117TH AVENUE

MIAMI, FLORIDA 33177-1630

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED

STATES CODE AT

☐10 U.S.C. 3204(a) ( ) ☐41 U.S.C. 3304(a) ( )

27. PAYMENT WILL BE MADE BY

COMMANDING OFFICER (0324)

USCG Finance Center 1430A Kristina Way Chesapeake, VA 23326-0324 For payment inquiries, call (757)523-6940

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

☐28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

☐29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31a. NAME OF CONTRACTING OFFICER (Type or print)

Gregory Hodgson, Contracting Officer

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA

BY

31c. DATE

AMOUNTS

Invitation for Bid 70Z08226BCEUM0001 – PNUM 13832866

PART I – THE SCHEDULE

Table of Contents

PART I – THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

SECTION B - SUPPLIES OR SERVICES AND PRICES

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION H - SPECIAL CONTRACT REQUIREMENTS

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

SECTION A - SOLICITATION/CONTRACT FORM

A.1 The magnitude of construction range of this project is between $500,000 and $1,000,000.

A.2 Performance Bonds and Payment Bonds will be required for 100% of the total award amount.

A.3 A Bid Guarantee of 20% is required.

A.4 The applicable North American Industry Classification System (NAICS) code is 237990 with a small business size standard of $45.0 Million.

A.5 Offerors are requested to review this IFB as soon as possible upon receipt. If an offeror has any questions regarding the solicitation which require an answer from the issuing office, these questions shall be submitted, in writing, referencing section and paragraph of solicitation to the Contracting Officer, Gregory Hodgson at Gregory.Hodgson@uscg.mil. The deadline for submitting Requests for Information (RFIs) is July 27, 2026; any RFI's received after this date the Government cannot guarantee an answer. A final amendment with questions and answers will be issued approximately 10 days prior to bid due date.

A.6 Questions regarding this Solicitation may be addressed to the Contracting Officer Gregory

Hodgson, via email at Gregory.Hodgson@uscg.mil.

SECTION B - SUPPLIES OR SERVICES AND PRICES

**ALL ITEMS ARE TO BE PRICED SEPARATELY**

GENERAL SCOPE OF WORK

The contractor shall furnish all labor, tools, equipment, materials, and supervision necessary for the demolition/removal and new construction of the aid-to-navigation (ATON) structure; the Bahia de Guayanilla Entrance Range Rear Light (RRL), Light List Number (LLNR) 32075 at Bahia de Guayanilla, Puerto Rico. All work shall be performed in strict accordance with the Contract Specifications (13832866), Contract Drawings (M13832866), the solicitation and resultant contract.

CLIN 0001: BASE ITEM: Rebuild Bahia de Guayanilla Entrance RRL at U.S. Coast Guard ANT Puerto Rico.

TOTAL SUM: $_________________________

(CLIN 0001)

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT

C.1 SPECIFICATIONS AND DRAWINGS:

(a) All work shall be accomplished in accordance with contract terms and conditions, as well as the documents listed in Section J - “LIST OF ATTACHMENTS.”

(b) Drawings measurements should be field verified by the successful contractor prior to ordering material.

(c) Failure to read the specifications in their entirety will not relieve the offerors from responsibility for properly estimating the difficulty or cost of successfully performing the work. Failure to do so will be at offeror’s risk.

(d) Each offeror shall furnish the information required by the solicitation. Any offer that does not conform to the requirements of this solicitation in every respect will be rejected as non-responsive. Deviations from, or exceptions to, the specifications or delivery schedule are causes for rejection. Offers for supplies or services other than those specified will not be considered unless authorized by this solicitation.

SECTION D - PACKAGING AND MARKING

THIS SECTION IS NOT APPLICABLE

SECTION E - INSPECTION AND ACCEPTANCE

E.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

Please see FAR 52.246-12 Inspection of Construction (AUG 1996) in Section I.1.

E.2 CONTRACTOR INSPECTION SYSTEM

Provide all necessary equipment, instruments, qualified personnel, facilities, and test fluids and gases, and perform all inspections, sampling, testing, and certifications specified in the individual Sections of the Specifications; fill out Daily Construction Report forms as documentation and submit the forms to the Government inspector by 10:00 a.m. on the first working day following the day the work was performed.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

Please see FAR 52.242-14 Suspension of Work (APR 1984) and FAR 52.236-15 Schedules for Construction Contracts (APR 1984) (DEVIATION 25-15) in Section I.1.

F.2 CONTRACTOR’S SCHEDULE

A preliminary copy of the Contractor’s Construction Progress Schedule and Schedule of Values shall be prepared and submitted to the Contracting Officer prior to the preconstruction conference. Any questions or problems that might cause a delay in approval of the draft schedule can be addressed during this conference.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 SUBMITTALS/SHOP DRAWINGS:

Contractor shall provide a schedule of required submittals indicating the order in which the Contractor proposes to provide the required submittals and the dates on which the Contractor plans to provide said submittals. This schedule shall be provided prior to the preconstruction conference for review and discussion during the conference. Any work done prior to submittal approval shall be at the Contractor’s risk. Approval by the Construction Manager or Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from the responsibility for complying with the requirements of this contract.

G.2 PRECONSTRUCTION CONFERENCE:

As soon as practicable after the award of contract, a mutually agreeable time and date for a preconstruction conference between the representatives of the Government and the Contractor will be established. This conference will be held either by telephone or, if convenient, at the site or this office to discuss the terms and conditions of the contract.

Below are some of the items to be discussed:

(a) Detailed procedures for the administration of the project;

(b) Identify the authorized representatives of the Government and the Contractor’s

Superintendent(s);

(c) Contractor’s field office address and telephone number;

(d) Contractor’s draft Construction Progress Schedule (Section F (F.2))

The Notice to Proceed date will be established during this meeting;

(e) Procedures for processing periodic pay estimates (Section G (G.3-6));

(f) Review of Submittal Schedule giving proposed dates Contractor will submit all required contract submittals (Section G (G.1));

(g) Requirements and procedures for preparing work schedules and reporting programs (Section E (E.2));

(h) Information on delivery of Government-furnished property (if applicable);

(i) Safety Plan;

(j) Demolition Plan (if applicable).

G.3 INVOICE INSTRUCTIONS

You will submit proper invoices associated with this award through the Invoice Processing Platform (IPP) at https://www.ipp.gov/. IPP is a secure web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency.

IPP enrollment, training and system information is available at https://www.uscg.mil/fincen/IPP/

The Unique Entity Identifier must be on all invoices to avoid processing delays.

In an effort to avoid delays in invoice processing, we recommend using the specific project number with your invoice number for all invoice submission. An example of the unique invoice number for would be: 13832866-l (project number-invoice number)

G.4 GOVERNMENT REPRESENTATIVES

The Government may, upon contract award or thereafter, name representatives with titles such as Project Engineer, Contracting Officer’s Technical Representative(s), Inspector(s), and so on. Such individuals will be named in writing by the Contracting Officer, with individual responsibilities set forth at that time.

In any event, no such named individual has the authority to issue any direction under this contract either technical or otherwise, which constitutes a change to the terms, conditions, and price or delivery schedule of the contract. Only the Contracting Officer is authorized to alter the contract in any manner.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. JOB SUPERINTENDENT

Special attention is called to the requirement for superintendence by the Contractor, FAR Clause 52.236-6 as per Section I.1. The contractor shall provide a job superintendent on the site at all times during contract performance that is able to read, write, understand, and speak English.

H.2 MODIFICATION PROPOSALS - PRICE BREAKDOWN

The contractor, in connection with any proposal made for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work changed. Any amount claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes a time extension, a justification therefore shall also be furnished. The proposal, together with the price breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer. Once a contract modification has been authorized, the contractor shall submit an updated Construction Progress Schedule and Schedule of Values that includes all changes implemented by the modification to the Contracting Officer for review and approval.

H.3 STATEMENT AND ACKNOWLEDGMENT FORM (SF 1413)

Special attention is called to the requirement for insertion of and compliance with various labor clauses called out in FAR 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION 26-10) as per Section I.1 in any subcontracts regardless of tier. Within 14 days after contract award of the prime contract, an executed SF-1413 is required for each subcontract. This also applies to any subsequently awarded subcontract.

H.4 REQUIRED BONDING

Payment bonds are required if over $35,000; Payment and Performance Bonds are required if over $150,000. Within 10 calendar days of award of a task order, the contractor shall provide good and sufficient surety or sureties acceptable to the Government as required by FAR 52.228- 15, Performance and Payment Bonds-Construction (JUN 2020) (DHS Deviation May 2020), referenced in Section I.1.

H.5 REQUIRED INSURANCE

In accordance with the provisions of FAR 52.228-5 Insurance-Work on Government Installation (JAN 1997) and HSAR 3052.228-70 Insurance (DEC 2003), which are referenced in Sections I.1 and I.3, the Contractor shall furnish to the Contracting Officer a certificate of insurance (COI), identified by contract number. The contractor shall procure and maintain insurance during the entire period of performance under this contract.

All insurance policies shall provide for notice of cancellation and shall be given to the Contracting Officer not less than 30 days before the effective date of such cancellation, and the certificates of insurance shall indicate that the above provision has been included. A certificate of insurance must be presented to the Contracting Officer within ten (10) calendar days after the award of the contract.

The contractor shall procure and maintain insurance for the following minimum amounts of liability where applicable:

(a) Workers’ Compensation and Employer’s Liability Contractors are required to comply with applicable Federal and State worker’s compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.

(b) General Liability

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency at the task order level.

(c) Automobile Liability

The Contracting Officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability When aircraft are used in connection with performing the contract, the Contracting Officer shall require aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers; whichever is greater.

(e) Vessel Liability When contract performance involves the use of vessels, the Contracting Officer shall require, as determined by the agency, vessel collision liability and protection and indemnity liability insurance.

PART II – CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES AND

PROVISIONS INCORPORATED BY REFERENCE

52.202-1 Definitions. (JUN 2020) 52.203-3 Gratuities. (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government. (JUN 2020) 52.203-7 Anti-Kickback Procedures. (JUN 2020)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (MAY 2014)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct. (NOV 2021) 52.203-14 Display of Hotline Poster(s). (NOV 2022) https://www.oig.dhs.gov/hotline

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (JAN 2017)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

(JUN 2020) (DEVIATION 25-19)

52.204-13 System for Award Management Maintenance. (OCT 2018) (DEVIATION 25-19)

52.204-14 Service Contract Reporting Requirements. (OCT 2016) (DEVIATION 25- 19)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.204-90 Offeror Identification (AUG 2025) (DEVIATION 25-19) 52.204-91 Contractor Identification (AUG 2025) (DEVIATION 25-19)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation. (NOV 2015) (DEVIATION 25-27)

52.209-5 Certification Regarding Responsibility Matters. (AUG 2020) (DEVIATION 25-27)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

(DEVIATION 25-27)

52.209-7 Information Regarding Responsibility Matters. (OCT 2018) (DEVIATION 25-27)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) (DEVIATION 25-27)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV

2015) (DEVIATION 25-27)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016) (DEVIATION 25- 27)

52.210-1 Market Research. (NOV 2021) 52.211-13 Time Extensions (SEP 2000) 52.214-3 Amendments to Invitations for Bids. (DEC 2016) (DEVIATION 26-06) 52.214-4 False Statements in Bids. (APR 1984) 52.214-5 Submission of Bids. (DEC 2016) (DEVIATION 26-06) 52.214-6 Explanation to Prospective Bidders. (APR 1984)

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids. (NOV 1999)

(DEVIATION 26-06)

52.214-18 Preparation of Bids-Construction. (APR 1984) 52.214-19 Contract Award-Sealed Bidding-Construction. (AUG 1996) 52.214-26 Audit and Records-Sealed Bidding. (JUN 2020) (DEVIATION 26-06)

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications- Sealed Bidding. (JUN 2020)

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding.

(JUN 2020) (DEVIATION 26-06)

52.214-29 Order of Precedence-Sealed Bidding. (JAN 1986) 52.214-34 Submission of Offers in the English Language. (APR 1991) 52.214-35 Submission of Offers in U.S. Currency. (APR 1991) 52.216-1 Type of Contract. (APR 1984) (DEVIATION 26-04) Firm-Fixed-Price 52.217-7 Option for Increased Quantity-Separately Priced Line Item. (MAR 1989) 90 days after Contract Award

52.219-1 Small Business Program Representations. (OCT 2025) (DEVIATION 26- 03)

52.219-2 Equal Low Bids (OCT 2025) (DEVIATION 26-03)

52.219-6 Notice of Total Small Business Set-Aside (OCT 2025) (DEVIATION 26- 03)

52.219-8 Utilization of Small Business Concerns. (OCT 2025) (DEVIATION 26-03) 52.219-14 Limitations on Subcontracting (OCT 2025) (DEVIATION 26-03)

52.219-28 Post-Award Small Business Program Rerepresentation (OCT 2025)

(DEVIATION 26-03)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards-Overtime Compensation (OCT

2025) (DEVIATION 26-10)

52.222-7 Withholding of Funds (MAY 2014) 52.222-8 Payrolls and Basic Records (JUL 2021)

52.222-9 Apprentices and Trainees (JUL 2005) 52.222-10 Compliance with Copeland Act Requirements (FEB 1988) 52.222-11 Subcontracts (Labor Standards) (OCT 2025) (DEVIATION 26-10) 52.222-12 Contract Termination-Debarment (MAY 2014) 52.222-14 Disputes Concerning Labor Standards (FEB 1988) 52.222-15 Certification of Eligibility (MAY 2014) 52.222-35 Equal Opportunity for Veterans (OCT 2025) (DEVIATION 26-10)

52.222-36 Equal Opportunity for Workers with Disabilities (OCT 2025) (DEVIATION 26-10)

52.222-37 Employment Reports on Veterans (OCT 2025) (DEVIATION 26-10)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

52.222-50 Combating Trafficking in Persons (NOV 2021) 52.222-54 Employment Eligibility Verification (OCT 2025) (DEVIATION 26-10)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022)

52.222-90 Addressing DEI Discrimination by Federal Contractors (APR 2026) (DEVIATION 26-10, Revision 2)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts

(OCT 2025) (DEVIATION 26-12)

52.223-3 Hazardous Material Identification and Material Safety Data (OCT 2025)

(DEVIATION 26-12)

52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) 52.223-6 Drug-Free Workplace (MAY 2001)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (OCT 2025) (DEVIATION 26-12)

52.223-15 Energy Efficiency in Energy-Consuming Products (MAY 2020)

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (AUG 2018)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020)

52.223-23 Sustainable Products and Services (OCT 2025) (DEVIATION 26-12) 52.225-5 Trade Agreements (OCT 2019) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

52.226-2 Historically Black College or University and Minority Institution Representation (OCT 2014)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(MAY 2024)

52.227-1 Authorization and Consent (JUN 2020)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020)

52.227-4 Patent Indemnity-Construction Contracts (DEC 2007) 52.227-17 Rights in Data-Special Works (DEC 2007) 52.228-1 Bid Guarantee (SEP 1996) 20 percent of the bid price 52.228-2 Additional Bond Security (OCT 1997) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.228-11 Individual Surety—Pledge of Assets (FEB 2021) 52.228-12 Prospective Subcontractor Requests for Bonds (MAY 2014) 52.228-14 Irrevocable Letter of Credit (NOV 2014) 52.228-15 Performance and Payment Bonds-Construction (JUN 2020) 52.229-3 Federal, State, and Local Taxes (FEB 2013) 52.232-5 Payments under Fixed-Price Construction Contracts (MAY 2014) 52.232-17 Interest (MAY 2014) 52.232-18 Availability of Funds (APR 1984) 52.232-23 Assignment of Claims (MAY 2014)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(OCT 2018)

52.232-38 Submission of Electronic Funds Transfer Information with Offer (JUL 2013)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

52.233-1 Disputes (AUG 2025) (DEVIATION 25-25) 52.233-2 Service of Protest (SEP 2006) (DEVIATION 25-25) 52.233-3 Protest after Award (AUG 2025) (DEVIATION 25-25)

52.233-4 Applicable Law for Breach of Contract Claim (AUG 2025) (DEVIATION 25-25)

52.236-2 Differing Site Conditions (AUG 2025) (DEVIATION 25-15)

52.236-3 Site Investigation and Conditions Affecting the Work (AUG 2025)

(DEVIATION 25-15)

52.236-5 Material and Workmanship (AUG 2025) (DEVIATION 25-15) 52.236-6 Superintendence by the Contractor (AUG 2025) (DEVIATION 25-15) 52.236-7 Permits and Responsibilities (AUG 2025) (DEVIATION 25-15) 52.236-8 Other Contracts (AUG 2025) (DEVIATION 25-15)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (AUG 2025) (DEVIATION 25-15)

52.236-10 Operations and Storage Areas (AUG 2025) (DEVIATION 25-15) 52.236-11 Use and Possession Prior to Completion (AUG 2025) (DEVIATION 25-15) 52.236-12 Cleaning Up (AUG 2025) (DEVIATION 25-15) 52.236-13 Accident Prevention (AUG 2025) (DEVIATION 25-15) 52.236-14 Availability and Use of Utility Services (AUG 2025) (DEVIATION 25-15)

52.236-15 Schedules for Construction Contracts (AUG 2025) (DEVIATION 25-15) 52.236-17 Layout of Work (AUG 2025) (DEVIATION 25-15)

52.236-21 Specifications and Drawings for Construction (AUG 2025) (DEVIATION 25-15)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

(AUG 2025) (DEVIATION 25-23)

52.240-91 Security Prohibitions and Exclusions (AUG 2025) (DEVIATION 25-23)

52.240-93 Basic Safeguarding of Covered Contractor Information SYSTEMS (AUG

2025) (DEVIATION 25-23)

52.242-13 Bankruptcy (JUL 1995) 52.242-14 Suspension of Work (APR 1984) 52.243-4 Changes (JUN 2025) (DEVIATION 25-09) 52.244-2 Subcontracts (Jun 2020)

52.244-6 Subcontracts for Commercial Products and Commercial Services (SEP 2025)

52.246-12 Inspection of Construction (AUG 1996) 52.246-21 Warranty of Construction (MAR 1994) 52.248-3 Value Engineering-Construction (OCT 2020)

52.249-2 Alt I Termination for Convenience of the Government (Fixed-Price) (APR 2012) Alternate I (SEP 1996)

52.249-10 Default (Fixed-Price Construction) (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991) (DEVIATION 26-10)

I.2 FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES AND

PROVISIONS INCORPORATED IN FULL TEXT

52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.

(End of clause)

52.225-9 Buy American – Construction Materials (OCT 2025) (DEVIATION 26-09)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Critical item means a domestic construction material or domestic end product that is deemed critical to U.S. supply chain resiliency. The list of critical items is at FAR 25.105.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material.

The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together.

Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows:

________________________________________________[Contracting Officer to list applicable excepted materials or indicate "none"]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable.

(A) For domestic construction material that is not a critical item or does not contain critical components.

(1) The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(2) For construction material that is not a COTS item and does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that is manufactured in the United States and does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest offer of foreign construction material that exceeds 55 percent domestic content as a domestic offer and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(A)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(A)(2) of this clause will no longer apply as of January 1, 2030.

(B) For domestic construction material that is a critical item or contains critical components.

(1) The cost of a particular domestic construction material that is a critical item or contains critical components, subject to the requirements of the Buy American statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional preference factor identified for the critical item or construction material containing critical components listed at

FAR 25.105.

(2) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the low offer is for foreign construction material that does not exceed 55 percent domestic content, the Contracting Officer will treat the lowest foreign offer of construction material that is manufactured in the United States and exceeds 55 percent domestic content as a domestic offer, and determine whether the cost of that offer is unreasonable by applying the evaluation factor listed in paragraph (b)(3)(i)(B)(1) of this clause.

(3) The procedures in paragraph (b)(3)(i)(B)(2) of this clause will no longer apply as of January 1, 2030.

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute.

(1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison Construction Materis Description

Unit of Measure Quantity Price (dollars)*

Item 1:

Foreign construction material

Domestic construction

Item 2:

Foreign construction

Domestic Construction Material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.]

52.232-27 Prompt Payment for Construction Contracts (JAN 2017)

Notwithstanding any other payment terms in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments-

(1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows:

(i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project.

(A) The due date for making such payments is 30 days after the designated billing office receives a proper payment request. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment due date is the 30th day after the date of the Contractor’s payment request, provided the designated billing office receives a proper payment request and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, is as specified in the contract or, if not specified, 30 days after approval by the Contracting Officer for release to the Contractor.

(ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract).

(A) The due date for making such payments is the later of the following two events:

(1) The 30th day after the designated billing office receives a proper invoice from the Contractor.

(2) The 30th day after Government acceptance of the work or services completed by the Contractor.

For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement.

(B) If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(xi) of this clause. If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt, with the reasons why it is not a proper invoice. When computing any interest penalty owed the Contractor, the Government will take into account if the Government notifies the Contractor of an improper invoice in an untimely manner.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for work or services performed (including order number and line item number).

(iv) Description of work or services performed.

(v) Delivery and payment terms (e.g., discount for prompt payment terms).

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts.

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(xi) Any other information or documentation required by the contract.

(3) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable.